August 12
BOTSWANA:
The Paradox of Botswana's Death Penalty
In Sub-Saharan Africa, a region with no shortage of development challenges,
Botswana stands out for its strong economy, stable democracy, and commitment to
the rule of law. But by 1 measure - its support for capital punishment -
Botswana is frighteningly narrow-minded. If the country of my birth is to
retain its reputation as one of Africa's most liberal states, it must confront
its affinity for the gallows.
According to Amnesty International, most of Africa is abandoning the death
penalty. Today, just 10 African countries allow for capital punishment, and
only a handful ever use it. Botswana - an affluent, landlocked,
diamond-exporting state - is among the leading exceptions. After a lull in
killings in 2017, Botswana has resumed executing convicted murderers; Joseph
Tselayarona, 28, was executed in February, while Uyapo Poloko, 37, was put to
death in May.
Botswana's legal system - and the basis for capital punishment - is rooted in
English and Roman-Dutch common law. According to the country's penal code, the
preferred punishment for murder is death by hanging. And, while the
constitution protects a citizen's "right to life," it makes an exception when
the termination of a life is "in execution of the sentence of a court."
But the country's relationship to the death penalty predates its current legal
statutes. In the pre-colonial era, tribal chiefs - known as kgosi - imposed the
penalty for crimes such as murder, sorcery, incest, and conspiracy. To this
day, history is often invoked to defend the status quo. In a 2012 judgment, the
Botswana Court of Appeals wrote that capital punishment has been imposed "since
time immemorial," and "its abolition would be a departure from the accepted
norm." After Tselayarona was executed, the government even tweeted a photo of
then-President Ian Khama under a caption that read, "Death penalty serves
nation well."
(source: mareeg.com)
INDIA:
Act allowing death sentence for rape of children gets President's
assent----Gang rape of a girl under 12 years of age will invite punishment of
jail term for the rest of life or death, the Act says
President Ram Nath Kovind has given assent to the Criminal Law (Amendment) Act,
2018, that provides for stringent punishment, including death penalty for those
convicted of raping girls below the age of 12 years.
The amendment replaces the criminal law amendment ordinance promulgated on
April 21 after the rape and murder of a minor girl in Kathua and another woman
in Unnao.
"This Act may be called the Criminal Law (Amendment) Act, 2018. It shall be
deemed to have come into force on the 21st day of April, 2018," a gazette
notification said.
The Act will further amend the Indian Penal Code, Indian Evidence Act, 1872,
the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual
Offences Act, 2012.
The President's assent, given on Saturday, came after Parliament approved the
amendments to the law last week.
The Home Ministry drafted Criminal Law (Amendment) Act stipulates stringent
punishment for perpetrators of rape, particularly of girls below 16 and 12
years.
Death sentence has been provided for rapists of girls under 12 years.
The minimum punishment in case of rape of women has been increased from
rigorous imprisonment of seven years to 10 years, extendable to life
imprisonment.
According to the new law, in case of rape of a girl under 16 years, the minimum
punishment has been increased from 10 years to 20 years, extendable to
imprisonment for rest of life, which means jail term till the convicts "natural
life".
The punishment for gang rape of a girl below 16 years will invariably be
imprisonment for the rest of life of the convict.
Stringent punishment for rape of a girl under 12 years has been provided with
the minimum jail term being 20 years which may go up to life in prison or death
sentence.
Gang rape of a girl under 12 years of age will invite punishment of jail term
for the rest of life or death, the Act says.
The measure also provides for speedy investigations and trial.
It has prescribed the time limit for investigation of all cases of rape, saying
it has to be mandatorily completed within two months.
The deadline for the completion of trial in all rape cases will be 2 months.
A 6-month time limit for the disposal of appeals in rape cases has also been
prescribed.
There will also be no provision for anticipatory bail for a person accused of
rape or gang rape of a girl under 16 years.
(soruce: Press Trust of India)
SRI LANKA:
Sri Lanka govt approves capital punishment for drug offences
The Sri Lankan Cabinet has unanimously approved a move to bring back for, a
senior minister has said.
Gamini Jayawickrema Perera, Minister of the Buddhist Order said that President
had recently stated that he was under pressure to re-introduce capital
punishment as a deterrent to serious crimes.
"The Cabinet in unison agreed to it. We cannot allow inmates in prison to
destroy the country by directing crimes," Perera said yesterday, adding
convicts carry out drug trade while still in prison.
Although capital punishment is in the statute, Sri Lanka had stopped hangings
since 1976. Death row prisoners spend life terms in jail.
Executions have not been carried out as successive presidents in office since
1978 have refused to issue death warrants.
(source: cantoncaller.com)
IRAN:
Death Penalty Not The Answer To Iran's Economic Woes, HRW Says
Human Rights Watch (HRW) has warned that Iranian officials are trying to head
off a looming economic crisis with threats of "new rights-abusing policies,"
including applying the death penalty for economic crimes.
"Executions, an inhumane and inherently irreversible punishment, are never the
answer, and in this case can only distract from other causes of this economic
turmoil," the New York-based rights watchdog said in an August 10 statement.
Iran has faced growing economic difficulties since the U.S. withdrawal from the
2015 nuclear agreement between Tehran and world powers in May, fueling a crash
in the value of the national currency, the rial.
The United States on August 7 reimposed sanctions on the Iranian economy that
were lifted under the nuclear deal in exchange for curbs on Tehran's nuclear
program. A 2nd round of penalties is due to come into effect in early November.
Meanwhile, Tehran prosecutor Abbas Jafari Dolatabadi, as well as a number of
hard-liner lawmakers and newspapers have called for executing people found
responsible for contributing to the country's economic woes, which have
triggered street protests in Tehran and other cities.
"Today, officials increasingly talk about the need to combat corruption at
every level," HRW said. "Yet to do so requires an independent judiciary that
ensures due process rights for all those accused."
The group added that the Iranian judiciary's "long record of violating
detainees' rights and wanton application of the death penalty raises grave
concerns."
Iran has sentenced to death and executed several people on "vague fraud charges
with little transparency or due process," according to HRW.
It cited the case of Babak Zanjani, a wealthy businessman who is currently on
death row on charges of withholding more than $2 billion in oil revenue
channeled through his companies.
Iran is one of the world's leading executioners. Amnesty International said in
April that 507 people were executed in the country last year, including at
least 5 juvenile offenders.
(source: Radio Free Europe / Radio Liberty)
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